Terms & Conditions
DISCLAIMER
These conditions of hire apply to all hires by the Company to each Customer unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of hire will be binding on the Company unless agreed to by a responsible officer of the Company in writing.
1. QUOTATION
Unless otherwise stated in writing the Company's quotation will be valid for a period of up to thirty (28) days from date of quote after which the Customer agrees to and accepts these Terms and Conditions of Hire.
The amount quoted is for one use of the Equipment only for the hire period. The Customer agrees that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Customer.
2. DEPOSIT & PAYMENT TERMS
The Customer must pay a non-refundable 30% deposit immediately upon confirmation to authorise the Company to proceed with the quoted order. Full payment of the order is due fourteen (14) days prior to the event. Upon payment of the deposit the Customer will have been deemed to have accepted the Terms and Conditions of Hire. The 30% is non-refundable but is transferable to another date.
The Customer invoiced is liable for all payments and additional damages incurred by the Company. If the Customer is enquiring and booking on behalf of another person, they accept full liability on behalf of the third party and all associated charges.
The Company has the right to cancel a booking if a full payment is not received within 48hr from the delivery/pick up date. A handling fee of a minimum of $100 will be charged if the booking is cancelled due to late payments.
It is the hirer's responsibility to ensure that all details and items on the invoice are correct, including all subsequent invoices issued if changes are made. The Company does not accept responsibility for incorrect items sent if they are stated on the invoice and paid for by the client.
Payments may be made by EFT or credit card. Visa and Mastercard payments incur a 1.5% surcharge and AMEX 2.8%.
3. SECURITY BOND
The Customer’s credit card details are to be provided at the time of booking as a security bond for all Equipment. The Customer agrees to pay the Company’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Company.
The Company has the right to request and pre-authorise a valid credit card number in the event of loss and/or damages to the hire Equipment and/or Labour required to carry out the delivery or pick up. The Company reserves the right to pre-authorise the card provided to a value of $300 and release the funds after the event or charge the card in the event of loss, damages and additional costs associated with the booking. This amount will be released in full within 14 days following the event, providing the items are returned in their original condition, and no additional charges apply.
If the additional charges exceed the pre authorised amount, the Company reserves the right to charge the balance owing on the credit card provided. The Company must notify the Customer in writing, however, in the event the Customer is non-compliant or non-responsive the additional charges can be made, as per acceptance of the Company’s terms and conditions at the time of booking.
The Company has the right to cancel a booking if a security bond is not received within 24hr from the delivery/pick up date
4. CANCELLATION OF ORDERS
Cancellations that are made more than fourteen (14) days from delivery will receive a refund of any funds remitted, excluding the booking deposit. Cancelled bookings within fourteen (14) days from the event date incur a 100% cancellation fee (excluding delivery and labour costs) due to loss of opportunity. If the booking is postponed on more than one occasion, a full cancellation fee will apply.
5. REMOVAL OF ITEMS FROM CONFIRMED QUOTE / INVOICE
Once a deposit is made the booking can be adjusted until 14 days prior to the event.
6. FINAL NUMBERS
In order to provide you with the best service & availability of Equipment, final guest numbers are due fourteen (14) working days (excluding public holidays) prior to the Customer’s event.
7. USE OF EQUIPMENT
All Equipment supplied on hire is the property of the Company and remains so until it is A) Returned to the Company. B) The Customer will be responsible for the Equipment until it is returned to the Company, and C) shall maintain the Equipment in good condition, reasonable wear and tear excepted. The Customer warrants that the Equipment will be returned in good working order to the Company. The Company makes no representation as to the suitability of
the Equipment for a particular need or event, and it is the Customer's responsibility to make that judgment on its own behalf. The Company reserves the right to assess the site upon delivery and judge whether item(s) should be left at the location to avoid any loss or damages.
8. ADDITIONAL EQUIPMENT
If after commencement of hire from the Company any specification changes are requested, the cost of such changes will be borne by the Customer.
9. HIRE PERIOD
The hire is for one to three (1-3) days from the time of delivery, unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for our drivers to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period. Any additional charges incurred may be charged to a credit card or invoiced. If the Customer fails to return the equipment, the Customer gives us permission to enter the premises of where the Equipment is held to collect the Equipment.
10. EXTENDED HIRE
The Customer must return all Equipment when it is due back. A continuing hire fee for all Equipment not returned to the Company when it is due back will be charged to the Customer, at the standard daily rate of hire or hire period, until the Equipment has been returned to the Company. The Customer shall give appropriate notice in writing to the Company if any extension or termination of the hire is requested. No refunds will be issued for the early return of Equipment on extended hire.
11. DELIVERY, COLLECTION AND LABOUR FEES
The Company makes no representation that Equipment will be available to meet every order. Availability of Equipment to meet each order is subject to the timing of that order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Additional fees may apply in the event of a delayed or cancelled delivery due to unforeseen circumstances of natural causes. Unless otherwise stated the Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where it has been agreed between the Company and the Customer that Equipment is to be delivered to an address specified by the Customer the same shall be available to be picked up at the specified date arranged at that address on the last day of the hire period. Where the Customer has taken delivery at the premises of the Company all Equipment hired shall be returned to those premises by the time arranged on the last day of the hire period. In the event that the Equipment is not available to be picked up by the arranged time on the last day of hire or has not been returned to the premises of the Company by close of business on the last day of hire, then the Company must be notified immediately.
The delivery and collection fee are quoted at the time of booking, taking into account the number of items, labour and on road costs at the agreed time slot. If the number of items change, or the nature of the delivery changes, the Company has the right to review the delivery and labour fee. Additional fees apply for after-hours deliveries and pickups which are from 6pm - 8am, Saturdays, Sundays and on Public Holidays. The cost of Labour in the initial quote is deemed variable and may be subject to change. This includes but is not limited to; additional time and resources on site due to difficulty, safety and/or access or any other reasons beyond the Company’s control, or not advised by the Customer at the time of quoting or booking.
Delivery of all Equipment is at ground level only. Extra charges apply for stairs, steep descents and going up levels in buildings. The Customer is responsible for advising via email if the delivery has any of these conditions. Failure to do so will result in extra charges.
Upon delivery, collection or return of the Equipment by the Company, The Customer must check the Equipment and quantities delivered (or returned). If there are any discrepancies between the Equipment delivered and the quoted order or return docket, the Customer must note them at the time of delivery, collection or return by amending the relevant documents in the presence of a Company representative.
The Customer is required to ensure all Equipment is packed as it was supplied and is safe for transit, in the original boxes, crates, bags, road cases and are placed in one central area, ready for collection. In the event the Equipment is not ready for collection, and additional time is required on site, additional fees will apply.
The Customer must ensure the Company has full access to its premises and the premises remains a safe working environment when the Company delivers Equipment to or collects Equipment from the Customer’s address.
14. MISUSE OF EQUIPMENT
The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof. The Customer accepts full responsibility for the Equipment once they take possession of the Equipment. The Customer is liable for the replacement cost of any Equipment that is stolen, missing, vandalised or broken. The Customer is liable for any damages caused to the Equipment.
The Customer acknowledges that they have received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
15. SECURITY
The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by the Company. In the event of the Equipment being stolen from the job site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. Until the Company receives such notification, the
hiring charges will continue. The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment and must pay that cost to the Company on demand.
16. CARING FOR EQUIPMENT
The Customer is responsible for taking care when handling Equipment and is also responsible for informing other parties about The Company’s Terms and Conditions of Hire.
The Company’s Equipment is clean and ready to use. The Customer is responsible for cleaning food scraps off crockery and cutlery and to pack into the same packaging when The Customer first took possession. If dinnerware it returned without being rinsed, an additional cleaning fee will apply. If boxes or packaging are returned damaged, a replacement fee will apply. Furniture is for indoor use only, unless previously authorised in writing by The Company.
All table linen can be returned dirty. The linen is not permitted to be returned wet due to potential for mould to grow. Any permanent stains, wax, mould, rips or burn marks will result in a replacement fee being charged at full retail price and the client will be notified within seven (7) days from when the items are returned to the warehouse. The Company does not permit the use of open candles on tablecloths. All candles must have a drip tray and be contained in a closed vessel to ensure wax does not drip directly onto the tablecloths and table runners otherwise a full replacement fee will apply.
Glassware must be washed and placed back into the original packaging it was delivered in. Breakages will be charged at the full retail price.
The Customer is responsible for notifying The Company in the event of loss or damages. The Company reserves the right to pre-authorise a credit card, and charge for any additional cleaning, repairs or replacement as deemed necessary by The Company.
17. LOSS AND DAMAGES
The Company must be notified immediately of any Equipment lost or damaged during the hire period. The Customer indemnifies the Company in respect of all such loss. The Customer must pay on demand to The Company the following amounts:
i. If the Equipment is lost, the Customer must pay to the Company the current replacement cost of the Equipment;
ii. If the Equipment is damaged, the Customer must pay for all repairs;
iii. If no notice is given to the Company of a lost item, it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found.
The Customer agrees to pay full replacement costs for any Equipment lost or considered by the Company as being irreparably damaged. Such payment shall be made by the Customer within seven (7) days of such loss or damage coming to the attention of the Company. In the
event payment is not made within the seven (7) day period the Company has the right to charge the account details provided.
25. OTHER
The Company reserves the right to take photos at event locations utilising the Company's Equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognisable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Company.
26. AGREEMENT
The Customer agrees and accepts full responsibility for the following conditions:
a) Through the period of hire to maintain the Equipment (including packaging and road cases) and to return Products in the same conditions as it was when the Customer first took possession
b) To be responsible for all damage to Equipment caused by the weather including but not limited to rain, hail and wind
c) Promptly to pay all charges in accordance with the terms set out herein irrespective that no demand shall have been made by the Company
d) To return all Equipment promptly to the Company at the end of the hire period, without any requirement by the Company to make demand in relation thereto
e) To permit (and obtain permission) for the Company and any of its officers, servants and agents to enter the premises where the Equipment may be located and (without prejudice to any other claims or rights as the Company may have to damages of otherwise) to inspect the Company’s Equipment or to merit the repossession by the Company of the Equipment if the Company determines that any breach of the terms or conditions of the hire has been committed
f) The Customer is responsible to ensure that Mistletoe Lane Events has accurate bump in/out times at least 2 weeks prior to the event date
g) All expenses, costs or disbursements incurred by the Company in recovering any outstanding monies, including debt collection fees and Solicitor costs, shall be paid by The Customer.
h) Where the Company agrees by special arrangement to deliver Equipment to a person (whether or not an officer, servant or agent of the Customer and whosoever identified), nominated by the Customer, that person shall be deemed to be the authorized agent of the Customer for all purposes of the contract and be bound by these terms and conditions without releasing the Customer named herein from being personally and severely liable hereunder
i) To be responsible for all loss or damage whatsoever or howsoever caused to any person or property in relation to the Equipment or the use thereof and without limiting that responsibility, the Customer shall be liable to affect public risk insurance in relation to the Equipment for the duration of the period of hire
j) Acknowledge that repairs of damaged Equipment will not be undertaken without the written authority of Mistletoe Lane Events.
k) All missing Equipment or those damaged beyond repair will be paid for at current retail value.